Amends TCA Title 3; Title 8; Title 16 and Title 50.

Under present law, each officer and employee of the several departments and agencies of the state government who is scheduled to work 1,600 hours or more in a fiscal year, whether compensated on hourly, daily, monthly or on a piecework basis, must be granted absence from work with pay based upon that officer's or employee's accrued annual leave, the time and amount of absence to be approved at the discretion of the head of the department or agency and subject to audit by the commissioner of human resources. Sick leave may be granted to each officer and employee who is scheduled to work 1,600 hours or more in a fiscal year, whether compensated on an hourly, daily, monthly, or piecework basis, at the rate of one day for each month of service or major fraction thereof, at the discretion of the head of the department or agency and with the approval of the commissioner of human resources. A state employee may use sick leave and annual leave for maternity or paternity leave for a period not to exceed the state employee's accumulated sick leave and annual leave balance, or 12 weeks, whichever is less. In order to be eligible to use sick leave as maternity or paternity leave, the state employee must submit a written request, together with a statement from the attending physician indicating the expected date of confinement, not later than the end of the fifth month of pregnancy. Special leave must be granted for a period of 12 weeks to adoptive parents. Employees may use sick leave and annual leave for all or a portion of that 12 weeks, not to exceed the employee's leave balance if the child is one year old or less. In the event both parents are state employees, the aggregate of sick leave used for such purpose is limited to 12 weeks. In order to be eligible for adoptive leave, the employee must submit to the appointing authority a statement from a state-licensed child-placing agency verifying the adoption. Additional special leave may be granted at the discretion of the appointing authority not to exceed one year. In the event the adoption process is not completed, the approval of leave pursuant to this section is rescinded. This bill provides that, in addition to the leave described above, an eligible employee must be granted absence from work with pay for a period to equal six workweeks if the eligible employee becomes the foster parent of a minor child. For the purposes of this bill, an "eligible employee" means an employee who has been employed full time with the state for at least 12 consecutive months. This bill requires the employee to give to the appropriate appointing authority notice of becoming a foster parent at least 30 days in advance. If, however, the eligible employee learns of the fostering less than 30 days in advance, then the employee must give notice as soon as reasonably possible. This bill limits such leave from being granted more than one time per employee, even if the employee fosters more than one minor child. If both foster care parents are eligible employees, then only one parent may be granted such leave. This bill prohibits a foster care parent from using the balance of leave for fostering a subsequent child if they only used a fraction of the leave for the first foster child. This bill also prohibits such leave used from being charged against sick, annual, or other leave the employee may have accumulated. However, this leave must count toward the eligible employee's use of leave required to be given by this state as an employer under the federal Family and Medical Leave Act. This bill further requires the division of benefits administration within the department of finance and administration, in accordance with the departments of human resources and children's services, to establish the policies and process for implementing these provisions with regard to executive branch agencies. The equivalent of the human resources office for nonexecutive branch agencies must establish the policies and process for implementation within those agencies. APPLICABILITY This bill applies to each eligible employee who qualifies for leave under this bill on or after July 1, 2023. ON MARCH 18, 2024, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 1545, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, do the following: (1) Except as otherwise provided in the bill, in addition to other leave granted under state law, require that an eligible employee be granted absence from work with pay for a period of time equal to six workweeks if the eligible employee becomes the foster parent of a minor child; (2) If a foster care parent uses only a fraction of the leave granted under the bill for a foster child, authorize the parent to use the balance of leave for subsequent placements; (3) Require the employee utilizing the leave granted in the bill to give to the appropriate appointing authority notice of the placement of a foster child within one business day or as soon as reasonably possible; (4) Prohibit leave granted pursuant to the bill from being granted more than one time during a 12-month period; (5) Prohibit the employee from continuing to utilize leave granted under the bill once the placement is completed; (6) Prohibit leave being used by an eligible employee pursuant to the bill from being charged against any sick, annual, or other leave the employee may have accumulated; (7) Require that leave granted pursuant to the bill count toward the eligible employee's use of leave required to be given by this state as an employer under the federal Family and Medical Leave Act and state law relative to leave for adoption, pregnancy, childbirth, and nursing an infant; (8) Require that the department of human resources, in coordination with the department of children's services, establish the policies and process for implementing the bill with regard to executive branch agencies. With regard to nonexecutive branch agencies, the equivalent of the agency's human resources office must establish the policies and process for implementing the bill as appropriate; and (9) Define, as used in the bill, an "eligible employee" to mean: (A) An employee who has been employed full time with the state for at least 12 consecutive months with an entity described in state law relative to state service; and (B) An employee who has been employed full time with the state for at least 12 consecutive months with an entity described in state law relative to any administrative boards and commissions attached to a state service entity, except for an employee of an administrative board or commission that is attached to an entity described in state law relative to the legislative branch of state government, or the offices of the secretary of state, state treasurer, or comptroller of the treasury. ON APRIL 1, 2024, THE HOUSE SUBSTITUTED SENATE BILL 1545 FOR HOUSE BILL 1554. SENATE BILL 1545 FAILED TO RECEIVE A CONSTITUTIONAL MAJORITY AND WAS REFERRED TO THE CALENDAR AND RULES COMMITTEE.